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General Conditions of Sale

The offer and sale of products on the Web site www.ital.ly are regulated by these General Conditions of Sale.

The Web site www.ital.ly, owned by WOWFIT srl., having its registered office in MONTE SAN PIETRO (BO) 40050, VIA IRMA BANDIERA, 36, Tax Code and VAT Number IT03630851206 (“WOWFIT”), is used under a contract and is managed by ComCart S.r.l., an innovative Start-up, having its registered office in via Matteotti n. 43, Gatteo a Mare (FC), Tax Code and VAT Number 04412340400 (“Comcart” or “Seller”).

Please note that you can contact ComCart sending an e-mail to info@comcart.it. For any other legal information, please refer to the sections: General Conditions of Use, Privacy Policy and Right of Withdrawal.

 

  1. Our Business Policy

1.1   The Seller offers products for sale on www.ital.ly and carries out its e-commerce business exclusively towards its end users who are consumers within the meaning of Art. 64 of Legislative Decree no. 206/2005 (“Consumer”) and who act on www.ital.ly for purposes which are outside any trade, business or profession they may perform.

1.3   In view of its business policy, the Seller reserves the right not to process orders received from subjects who are not Consumers or any other order and/or request which does not comply with its business policy.

1.4   These General Conditions of Sale regulate exclusively the offer, the sending and acceptance of purchase orders for products available on www.ital.ly.

  1. How Contracts are Completed

2.1   In order to complete a purchase order for one or more products on www.ital.ly, you should register yourself in the Web Site, in compliance with the General Conditions of Use that are available on the Web Site and follow the online guided purchase procedure.

2.2   After that, you should fill in the online order form and send it electronically to the Seller, following the relevant instructions. The order form contains a link to the General Conditions of Sale, and a summary of information on the key characteristics of each product ordered and its price (including all applicable taxes or fees), the payment method that you can use to purchase each product and delivery options for the purchased products, shipping and delivery costs, reference to the conditions for the exercise of your right of withdrawal as well as times and procedures to return the purchased products.

2.3   The contract shall be completed when the Seller receives your order form electronically, after checking that the data relating to your order are correct.

2.4   Before purchasing the products by sending the order form, you will be required to read carefully the General Conditions of Sale and the Information notice about the right of withdrawal, to print a copy through the print command and to store or make a copy of it for your personal uses. You will be also requested to accept the clauses that require your express approval.

2.5   The order form will be filed in our database for the period of time required to fulfil your orders and in any case for the time provided for by law. You may access your order form clicking on My Account section.

2.6   Before submitting the order form, you will be also asked to identify and correct possible input errors.

2.7   The languages available to complete the contract with the Seller are Italian and English.

2.8   Once completed the contract, www.ital.ly will accept your purchase order.

2.9   The Seller may refuse your purchase orders if the payment guarantees are insufficient, if they are incomplete or incorrect, or if the Products are not available.

In these cases, we will inform you by e-mail that the contract was not completed and that the Seller didn’t execute your purchase order stating the reasons for it.

If the products displayed on www.ital.ly are no longer available or on sale at the time of your latest access to the Web site or when your order form is submitted, the Seller shall be responsible for informing you promptly and in any case within thirty (30) days starting from the day following the one in which you sent your order to the Seller, if any of the ordered products is no longer available. If the order form was submitted and its price was paid, the Seller will refund the amount that you paid in advance.

2.10 By submitting the order form electronically, you accept and commit yourself unconditionally to comply with these General Conditions of Sale in the relationship with the Seller.

2.11 By submitting the order form electronically you confirm to be aware and accept the General Conditions of Sale and any further information contained in www.ital.ly, also accessible through links, including the General Conditions of Use, the Privacy Policy and the Information notice on the right of withdrawal.

2.12 Once the contract is completed, the Seller will send you a receipt for the purchase order by e-mail, containing a summary of the information already included in the order form (General Conditions of Sale, Information notice on the right of withdrawal, information relating to the key characteristics of the product and the detailed indication of the price, of payment methods and delivery costs).

  1. Product Information

3.1   Www.ital.ly offers on sale products bearing the “Itally” brand that is exclusively owned by WOWFIT srl., which is also in charge of selecting and packaging the products.

3.2  The characteristics of the products are stated on the Web site www.ital.ly. The images and any videos are shown for reference purposes only and their use is subject to tolerances. Please also take into account that the packages of the products could be changed by the manufacturers. Some colours and textures of the packages or products may appear as not matching the actual ones owing to the browser or the monitor used.

3.3  WOWFIT srl makes the packaging for shipping in the way it considers most appropriate and shall not be held responsible for any damage, thefts, breakages, tampering and missing parts that may occur after the goods leave its warehouses.

  1. Right of Withdrawal and Product Warranty

4.1  The products will be delivered in a packaged form. If you exercise your right of withdrawal, the Seller is entitled to refuse acceptance of products whose main and quality-related characteristics have been altered or that have been damaged.

  1. Payments

5.1   Prices are shown in Euros and include VAT, containers, packaging.

5.2  You can pay the price of the products and related shipment and delivery expenses choosing one of the methods stated in the order form.

5.3   In case of payment by credit card, any financial information (e.g. the credit/debit card number or its expiry date) will be submitted, by an encrypted protocol, to PayPal, Stripe or other banks, that provide the relevant remote e-payment services, preventing third parties from having access to it. Moreover, such information shall never be used by the Seller for reasons other than the completion of the procedures relating to your purchase and to issue the relevant refunds in case the products are returned, as a result of exercising your right of withdrawal or if it becomes necessary to prevent or report to the police any fraud occurring on www.ital.ly. As stated in the order form, the price for purchasing products and shipping and delivery expenses will be charged to your current account when the purchased products are actually shipped.

  1. Shipment and Delivery of Products

6.1   Access the section called My Account to learn about the products’ shipment and delivery methods. Please pay attention to what is stated in this section as indications contained herein are part and parcel of these General Conditions of Sale and, therefore, they are deemed to be fully acknowledged and accepted when the order form is submitted. Our Itally shop is currently active in the following countries: Spain, France, Italy, Germany, United Kingdom. Itally will deliver the standard goods at your home within 5 days from submitting the order, trying to guarantee delivery within 72 hours. For other non EU countries, delivery will take about 10/15 days, the same applies to all customized, out of stock and exclusive products, as they require higher crafts skills.

  1. Protection of Minors

7.1   Minors below 18 years are not authorized to send orders through the online order form, unless under the control of an adult family member. 

  1. Customer Support

8.1 In order to request any information through our support services, please contact Customer Service by e-mail: help@ital.ly

  1. Right of Withdrawal

9.1   The rights of the Customer are protected by Legislative Decree 206/2005.

9.2 You have the right to withdraw from any contract completed with the Seller, without penalties and without stating reasons, within 28 (twenty-eight) days, starting from the day in which the products ordered on www.ital.ly were received, informing Itally through the platform or writing to help@ital.ly. The customer can return the products free of charge, he/she only has to prepare a parcel with the return waybill, downloading the RMA (Return Material Authorisation) form of the Web site and following the instructions. The returned products will be collected by a courier.

9.3   Go to My Account action to withdraw from the contract.

9.4   In this case, you are expected to return the products to the Seller delivering them to the courier for shipment within 28 (twenty-eight) working days starting from the date in which you received the products.

9.5   You can return any product purchased free of charge.

9.6  The payment for the expenses incurred to return the purchased products will be made directly by the Seller on your behalf, who will release you from any obligation of payment towards the shipping agent. Once the Seller has received the returned products, it will reimburse the sum you paid using the same method of payment selected at the time of purchase. Moreover, when the purchased products are delivered to the shipping agent suggested by the Seller in the return form, the Seller will release you from any responsibility in case products are lost or damaged during transport.

9.7   If you decide to use a shipping agent other than that suggested by the Seller in the return form, you will be required to pay the expenses for returning the purchased products. In this case, the costs previously incurred for delivering the purchased products at your home shall be also reimbursed. However, you will be responsible for any lost or damaged products.

9.8   In addition to compliance with the terms and methods described under the previous points 9.1, 9.2, 9.3, 9.4, 9.5 and 9.6, the right of withdrawal shall be deemed to be exercised correctly if the following conditions are fully satisfied:

  1. the return form should be correctly filled in and sent to the Seller within 28 (twenty-eight) working days from receipt of products;
  2. the products should be returned in their original package;
  3. the returned products should be sent to the Seller in one single shipment. As a matter of fact, the Seller reserves the right to refuse garments included in the same order that are returned and shipped at different times;
  4. the returned products must be delivered to the shipping agent within 28 (twenty-eight) working days starting from the date in which you received the products.

9.9   If the right of withdrawal is exercised following the methods and terms stated in this paragraph 9, the Seller will reimburse the sums already collected deriving from the sale of products according to the envisaged methods and terms.

9.10 The sums will be reimbursed in the shortest time possible and in any event within 30 (thirty) working days from the date in which the Seller was notified about your intention to exercise the right of withdrawal. The reimbursement procedures will be started once the correct compliance with the above-mentioned terms and conditions has been checked.

9.11 If the methods and terms for exercising your right of withdrawal are not complied with, as specified in this paragraph, you will not be entitled to the reimbursement of the sums already paid to the Seller; however, you may get the products back in the conditions in which they were returned to the Seller, at your own expenses. Otherwise, the Seller can keep the products in addition to the sums already paid for purchasing them.

  1. Times and methods for reimbursement

10.1 After products are returned, the Seller will carry out the required checks on their compliance with the conditions and terms stated in paragraph 9.8. If the checks are completed successfully, the Seller will send you, by e-mail, a confirmation for the acceptance of the returned products.

10.2 Irrespective of the method of payment you used, the reimbursement shall be activated by the Seller in the shortest time possible and in any case within thirty (30) days from the date in which the Seller was notified about your intention to exercise the right of withdrawal, once the correct performance of your right of withdrawal has been checked and the returned products have been accepted.

10.3 If the recipient of the goods stated in the order form is not the person who made the payment of the sums for their purchase, in case the right of withdrawal is exercised, the sums will be reimbursed, in any case, by the Seller in favour of the person who made the payment.

10.4 The value date for the credit shall be the same as the value date of the original debit and, consequently, you shall not suffer any interest losses.

10.5 If you decide to use a shipping company other than the one suggested by the Seller to return products, the shipping costs will be charged to you, and you will be also responsible for any lost or damaged products.

  1. Complaints

11.1 If you have any report, complaint or inquiry please write an e-mail to: help@ital.ly stating the number assigned to the completed order and displayed in the order confirmation received by e-mail.

  1. Privacy and Cookies

12.1 You can find information about how we process your personal data referring to our Privacy Policy and Cookies Policy.

12.2 If you have not already done so, please read our General Conditions of Use as they include important information on how we process our users’ personal data and on the data security system we have adopted.

12.3 For any other information about our Privacy Policy please send your inquiries to the following e-mail address: help@ital.ly

  1. Applicable Law and Settlement of Disputes

13.1 The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree of 6th September 2005 no. 206, regarding the Consumer Code, with special reference to the legislation about distance contracts and by Legislative Decree of 9th April 2003 no. 70 on certain aspects dealing with e-commerce and with explicit exclusion of any – even partial – application of the Vienna Convention of 1980 on Contracts for the International Sale of Goods.

13.2 In any event, each dispute which may arise out of the interpretation, performance and validity of the General Conditions of Sale herein, even if not settled through the procedure referred to in the point above, shall be exclusively transferred to the Italian jurisdiction. The exclusive place of jurisdiction shall be Bologna hereby expressly excluding any other competent Courts.

13.3 In any event, an Alternative Dispute Resolution (ADR) service is made available for the out-of-court settlement of disputes (the so-called ADR bodies, as stated under Articles 141-bis and subsequent and the Italian Consumer Code).

A European platform has also been set up for consumers’ Online Disputes Resolution (the so-called ODR platform). The ODR platform can be referred to at the following page http://ec.europa.eu/consumer/odr/. The platform enables you to see the list of the ADR bodies, to find the link to the web site of each one of them and to start an online resolution procedure for the dispute in which you are involved.

  1. Changes and Updates

14.1 The General Conditions of Sale may be changed from time to time due to new laws and regulations or other reasons. The new General Conditions of Sale will take effect since their date of publication on www.ital.ly.

General Conditions of Sale

The offer and sale of products on the Web site www.ital.ly are regulated by these General Conditions of Sale.

The Web site www.ital.ly, owned by WOWFIT srl., having its registered office in MONTE SAN PIETRO (BO) 40050, VIA IRMA BANDIERA, 36, Tax Code and VAT Number IT03630851206 (“WOWFIT”), is used under a contract and is managed by ComCart S.r.l., an innovative Start-up, having its registered office in via Matteotti n. 43, Gatteo a Mare (FC), Tax Code and VAT Number 04412340400 (“Comcart” or “Seller”).

Please note that you can contact ComCart sending an e-mail to info@comcart.it. For any other legal information, please refer to the sections: General Conditions of Use, Privacy Policy and Right of Withdrawal.

 

  1. Our Business Policy

1.1   The Seller offers products for sale on www.ital.ly and carries out its e-commerce business exclusively towards its end users who are consumers within the meaning of Art. 64 of Legislative Decree no. 206/2005 (“Consumer”) and who act on www.ital.ly for purposes which are outside any trade, business or profession they may perform.

1.3   In view of its business policy, the Seller reserves the right not to process orders received from subjects who are not Consumers or any other order and/or request which does not comply with its business policy.

1.4   These General Conditions of Sale regulate exclusively the offer, the sending and acceptance of purchase orders for products available on www.ital.ly.

  1. How Contracts are Completed

2.1   In order to complete a purchase order for one or more products on www.ital.ly, you should register yourself in the Web Site, in compliance with the General Conditions of Use that are available on the Web Site and follow the online guided purchase procedure.

2.2   After that, you should fill in the online order form and send it electronically to the Seller, following the relevant instructions. The order form contains a link to the General Conditions of Sale, and a summary of information on the key characteristics of each product ordered and its price (including all applicable taxes or fees), the payment method that you can use to purchase each product and delivery options for the purchased products, shipping and delivery costs, reference to the conditions for the exercise of your right of withdrawal as well as times and procedures to return the purchased products.

2.3   The contract shall be completed when the Seller receives your order form electronically, after checking that the data relating to your order are correct.

2.4   Before purchasing the products by sending the order form, you will be required to read carefully the General Conditions of Sale and the Information notice about the right of withdrawal, to print a copy through the print command and to store or make a copy of it for your personal uses. You will be also requested to accept the clauses that require your express approval.

2.5   The order form will be filed in our database for the period of time required to fulfil your orders and in any case for the time provided for by law. You may access your order form clicking on My Account section.

2.6   Before submitting the order form, you will be also asked to identify and correct possible input errors.

2.7   The languages available to complete the contract with the Seller are Italian and English.

2.8   Once completed the contract, www.ital.ly will accept your purchase order.

2.9   The Seller may refuse your purchase orders if the payment guarantees are insufficient, if they are incomplete or incorrect, or if the Products are not available.

In these cases, we will inform you by e-mail that the contract was not completed and that the Seller didn’t execute your purchase order stating the reasons for it.

If the products displayed on www.ital.ly are no longer available or on sale at the time of your latest access to the Web site or when your order form is submitted, the Seller shall be responsible for informing you promptly and in any case within thirty (30) days starting from the day following the one in which you sent your order to the Seller, if any of the ordered products is no longer available. If the order form was submitted and its price was paid, the Seller will refund the amount that you paid in advance.

2.10 By submitting the order form electronically, you accept and commit yourself unconditionally to comply with these General Conditions of Sale in the relationship with the Seller.

2.11 By submitting the order form electronically you confirm to be aware and accept the General Conditions of Sale and any further information contained in www.ital.ly, also accessible through links, including the General Conditions of Use, the Privacy Policy and the Information notice on the right of withdrawal.

2.12 Once the contract is completed, the Seller will send you a receipt for the purchase order by e-mail, containing a summary of the information already included in the order form (General Conditions of Sale, Information notice on the right of withdrawal, information relating to the key characteristics of the product and the detailed indication of the price, of payment methods and delivery costs).

  1. Product Information

3.1   Www.ital.ly offers on sale products bearing the “Itally” brand that is exclusively owned by WOWFIT srl., which is also in charge of selecting and packaging the products.

3.2  The characteristics of the products are stated on the Web site www.ital.ly. The images and any videos are shown for reference purposes only and their use is subject to tolerances. Please also take into account that the packages of the products could be changed by the manufacturers. Some colours and textures of the packages or products may appear as not matching the actual ones owing to the browser or the monitor used.

3.3  WOWFIT srl makes the packaging for shipping in the way it considers most appropriate and shall not be held responsible for any damage, thefts, breakages, tampering and missing parts that may occur after the goods leave its warehouses.

  1. Right of Withdrawal and Product Warranty

4.1  The products will be delivered in a packaged form. If you exercise your right of withdrawal, the Seller is entitled to refuse acceptance of products whose main and quality-related characteristics have been altered or that have been damaged.

  1. Payments

5.1   Prices are shown in Euros and include VAT, containers, packaging.

5.2  You can pay the price of the products and related shipment and delivery expenses choosing one of the methods stated in the order form.

5.3   In case of payment by credit card, any financial information (e.g. the credit/debit card number or its expiry date) will be submitted, by an encrypted protocol, to PayPal, Stripe or other banks, that provide the relevant remote e-payment services, preventing third parties from having access to it. Moreover, such information shall never be used by the Seller for reasons other than the completion of the procedures relating to your purchase and to issue the relevant refunds in case the products are returned, as a result of exercising your right of withdrawal or if it becomes necessary to prevent or report to the police any fraud occurring on www.ital.ly. As stated in the order form, the price for purchasing products and shipping and delivery expenses will be charged to your current account when the purchased products are actually shipped.

  1. Shipment and Delivery of Products

6.1   Access the section called My Account to learn about the products’ shipment and delivery methods. Please pay attention to what is stated in this section as indications contained herein are part and parcel of these General Conditions of Sale and, therefore, they are deemed to be fully acknowledged and accepted when the order form is submitted. Our Itally shop is currently active in the following countries: Spain, France, Italy, Germany, United Kingdom. Itally will deliver the standard goods at your home within 5 days from submitting the order, trying to guarantee delivery within 72 hours. For other non EU countries, delivery will take about 10/15 days, the same applies to all customized, out of stock and exclusive products, as they require higher crafts skills.

  1. Protection of Minors

7.1   Minors below 18 years are not authorized to send orders through the online order form, unless under the control of an adult family member. 

  1. Customer Support

8.1 In order to request any information through our support services, please contact Customer Service by e-mail: help@ital.ly

  1. Right of Withdrawal

9.1   The rights of the Customer are protected by Legislative Decree 206/2005.

9.2 You have the right to withdraw from any contract completed with the Seller, without penalties and without stating reasons, within 28 (twenty-eight) days, starting from the day in which the products ordered on www.ital.ly were received, informing Itally through the platform or writing to help@ital.ly. The customer can return the products free of charge, he/she only has to prepare a parcel with the return waybill, downloading the RMA (Return Material Authorisation) form of the Web site and following the instructions. The returned products will be collected by a courier.

9.3   Go to My Account action to withdraw from the contract.

9.4   In this case, you are expected to return the products to the Seller delivering them to the courier for shipment within 28 (twenty-eight) working days starting from the date in which you received the products.

9.5   You can return any product purchased free of charge.

9.6  The payment for the expenses incurred to return the purchased products will be made directly by the Seller on your behalf, who will release you from any obligation of payment towards the shipping agent. Once the Seller has received the returned products, it will reimburse the sum you paid using the same method of payment selected at the time of purchase. Moreover, when the purchased products are delivered to the shipping agent suggested by the Seller in the return form, the Seller will release you from any responsibility in case products are lost or damaged during transport.

9.7   If you decide to use a shipping agent other than that suggested by the Seller in the return form, you will be required to pay the expenses for returning the purchased products. In this case, the costs previously incurred for delivering the purchased products at your home shall be also reimbursed. However, you will be responsible for any lost or damaged products.

9.8   In addition to compliance with the terms and methods described under the previous points 9.1, 9.2, 9.3, 9.4, 9.5 and 9.6, the right of withdrawal shall be deemed to be exercised correctly if the following conditions are fully satisfied:

  1. the return form should be correctly filled in and sent to the Seller within 28 (twenty-eight) working days from receipt of products;
  2. the products should be returned in their original package;
  3. the returned products should be sent to the Seller in one single shipment. As a matter of fact, the Seller reserves the right to refuse garments included in the same order that are returned and shipped at different times;
  4. the returned products must be delivered to the shipping agent within 28 (twenty-eight) working days starting from the date in which you received the products.

9.9   If the right of withdrawal is exercised following the methods and terms stated in this paragraph 9, the Seller will reimburse the sums already collected deriving from the sale of products according to the envisaged methods and terms.

9.10 The sums will be reimbursed in the shortest time possible and in any event within 30 (thirty) working days from the date in which the Seller was notified about your intention to exercise the right of withdrawal. The reimbursement procedures will be started once the correct compliance with the above-mentioned terms and conditions has been checked.

9.11 If the methods and terms for exercising your right of withdrawal are not complied with, as specified in this paragraph, you will not be entitled to the reimbursement of the sums already paid to the Seller; however, you may get the products back in the conditions in which they were returned to the Seller, at your own expenses. Otherwise, the Seller can keep the products in addition to the sums already paid for purchasing them.

  1. Times and methods for reimbursement

10.1 After products are returned, the Seller will carry out the required checks on their compliance with the conditions and terms stated in paragraph 9.8. If the checks are completed successfully, the Seller will send you, by e-mail, a confirmation for the acceptance of the returned products.

10.2 Irrespective of the method of payment you used, the reimbursement shall be activated by the Seller in the shortest time possible and in any case within thirty (30) days from the date in which the Seller was notified about your intention to exercise the right of withdrawal, once the correct performance of your right of withdrawal has been checked and the returned products have been accepted.

10.3 If the recipient of the goods stated in the order form is not the person who made the payment of the sums for their purchase, in case the right of withdrawal is exercised, the sums will be reimbursed, in any case, by the Seller in favour of the person who made the payment.

10.4 The value date for the credit shall be the same as the value date of the original debit and, consequently, you shall not suffer any interest losses.

10.5 If you decide to use a shipping company other than the one suggested by the Seller to return products, the shipping costs will be charged to you, and you will be also responsible for any lost or damaged products.

  1. Complaints

11.1 If you have any report, complaint or inquiry please write an e-mail to: help@ital.ly stating the number assigned to the completed order and displayed in the order confirmation received by e-mail.

  1. Privacy and Cookies

12.1 You can find information about how we process your personal data referring to our Privacy Policy and Cookies Policy.

12.2 If you have not already done so, please read our General Conditions of Use as they include important information on how we process our users’ personal data and on the data security system we have adopted.

12.3 For any other information about our Privacy Policy please send your inquiries to the following e-mail address: help@ital.ly

  1. Applicable Law and Settlement of Disputes

13.1 The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree of 6th September 2005 no. 206, regarding the Consumer Code, with special reference to the legislation about distance contracts and by Legislative Decree of 9th April 2003 no. 70 on certain aspects dealing with e-commerce and with explicit exclusion of any – even partial – application of the Vienna Convention of 1980 on Contracts for the International Sale of Goods.

13.2 In any event, each dispute which may arise out of the interpretation, performance and validity of the General Conditions of Sale herein, even if not settled through the procedure referred to in the point above, shall be exclusively transferred to the Italian jurisdiction. The exclusive place of jurisdiction shall be Bologna hereby expressly excluding any other competent Courts.

13.3 In any event, an Alternative Dispute Resolution (ADR) service is made available for the out-of-court settlement of disputes (the so-called ADR bodies, as stated under Articles 141-bis and subsequent and the Italian Consumer Code).

      A European platform has also been set up for consumers’ Online Disputes Resolution (the so-called ODR platform). The ODR platform can be referred to at the following page http://ec.europa.eu/consumer/odr/. The platform enables you to see the list of the ADR bodies, to find the link to the web site of each one of them and to start an online resolution procedure for the dispute in which you are involved.

  1. Changes and Updates

14.1 The General Conditions of Sale may be changed from time to time due to new laws and regulations or other reasons. The new General Conditions of Sale will take effect since their date of publication on www.ital.ly.

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